Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-05-12

not entitled to vote at such election, OR II
such presiding officer or Judge shall know
ingiy and wilfully refuse to receive the
vote Of any person entitled to vote ut such
election, every such presiding officer or
Judge shall for every such offence forfeit
and pay the sum OF $l00 to any person
who will sue for the same or snail for every
suoh offence be deemed guilty OF a
misdemeanor and upon Indictment and
conviction be fined not less than one hum
dred dollars, and In either case be impIls-
oned until the fines, forfeitures and costs
are paid In full or discharged by the court.
Both OF the aforesaid penalties shall not be
incurred for the same offence and con-
vietion upon indictment-and Judgment In
an action OF debt may ~ pleaded In abate-
ment OF the alternative proceeding, but in
all cases an offender under this section
shall be further liable to Indictment and
punished as In other cases for wilful and
corrupt perjury In having violated his oilth
or affirmation as such presiding officer or
Judge.
Sec. XIII. II any presiding officer OF any
such election, or other person shall Will
fully destroy, secrete, conceal, embezzle or
purloin, or In any manner counterfeit, alter
or vary any certificate Of such election or In
any manner commit any deceit or fraud In
reading or counting the ballots or certiflca-
tlon OF the result, or shall do any act or
thing whereby to prevent a tue and i'm
partial certificate from being duly pro-
duced, returned or delivered TO the proper
authority, such presiding officer or other
person shall for every such offence be
deemed guilty OF misdemeanor, and be
subject TO the penalties prescribed In the
preceding section and In addition thereto
shall not be permitted to hold any offico OF
profit or trust for the space Of Ave years.
SEQ. XIV. Each VI the clerks appointed
nfn .l0l
| entering thereon the name OF every voter
| and adding at the end of each name the
number of each vote In the order In which
| they are received, SO that the number OF
ballots received aud voted may be apparent
at any time during the election. Said poll
lists shnll be publicly kept and In full
view OF the voters from the opening 20 the
| closing OF the polls.
Sec. XIV. Each qualified electOr shall de-
| liver single ballot containing the naiues
OF the persons voted for TO the presiding
officer who shall audibly pronounce the
| hume OF the elector, which shall be entered
| In words at length upon the list OF polls to
1 be kept by each of the clerks whom the
| judges shall direct to do that duty. There
shall be no examination Of ballot except
to determine that 1t is single, and the pre-
\ siding officer shall Immediately after pro-
| nouncing the name of the voter put the bal
lot In the box having hole In the lid, In
! his presence, unless the vote shall be OBJ
| jected to but II upon examination as atore.
/ said or otherwise the voter shall be detected
/ In attempting to vote more than one ballot
such voter shall not be permitted to vote al
such election, and the presiding officer shall
Immediately bring the offence to the
| knowledge OF some justice OF the peace tI
the offender and upon satisfactory evidence
no d him in sufficient bonds for his appear
anee ut tho e7vG, general sessions of tht
pence and jail delIvory to be dealt with as Il
herein provided, and should the presiding
officer Of such election neglect or refuse tt
lodge such information without delay witt
the Justice Of the peace as Aforesaid II shnl
be competent for any other person to do so
Ejee XVI. Such election shall be held anC
be opened and closed at such place, time
and such hours as may be prescribed by th
political party, organization or association
In whose interest such election may b.
authorized to be held, and II any persol
shall on the day Of such election, or durinl
the reading and tallying OF the votes, at an
place where such election Is held, or withll
ono mile thereof, commit an assaultand bat
tety, or II any person shall interrupt or In an
way disturb tho election, or the officer
! thereof or any Of them In the performance
/ their duties, either In receiving, reading o
| tallying the votes, every such person shall 10
! Ieyery such offence be liable to be held d
, surety OIL the peace, and on failure to Civ
| such surety forthwith to be committed {
/ prison, and shall further forfeit and pay +
, the State a fine of not less than $40 no
, | more than 300.
! Sec, XVII. When the election shall b
/ closed the presiding officer and Judge
+ shall openly and publicly remove the lid
n the box containing the ballots, so that III
\ ballots can be taken separately from III
box. One OF the judges shall keep In hi
r custody the said box, while another sha
a publicly, and in the presence OF the othe
h Judges and such electors as shall thln
= proper to be present, take the ballots on
4 by one from the box and read the sam,
h When n ballot shall be read, IT shall be SUI
q mitted to each OF the other judges for II
\ | spection, II demanded, and put In the otht
!. box directed to be procured In section vi
v II being first seen that the said box col
!. tains nothing, and the same being kel
during the reading In the possession OF oil
8 OF the judges; and two clerks at least sha
/. keep I'm accurate count OF the Daliots
they are read, which shall be done on tai
sheets as aforesaid by writing the name
n | avery person voted for on the margin und
a | a designation OF the Office for which Il
Z | vot, is given to him, and making q disttn
a mark with pen and ink In row again
4 such name for every vote such person sha
II receive for the same office. The readiI
i. and counting shall continue without inte
"a mption or adjournment until completed.
"a Sec. XVIII. When the reading and cour
: ing of the ballots Is completed the presi
il in0 officer and Judges shall forthwith NAL
u and sign two correct certificates to the ele
q tjon In their election district, stating q
"a name of every person voted for ana u
N number OF votes received for each perst
~ Tor said office. Thetally sheetsshall besign,
y by the presiding officer, Judges and eler
ass and deposited with one OF said certiieal
In the box into which he pailo ~
80 have been put when read, and the I'D
al said box shall be securely fastened by OF
O. Of the Judges [the other certificates a.
( the box contalnfngI the ballots shall be
n livered without delay to the person
- whose authority, acting linl his otlci
- - cannoity. such election may have Do
20 cntled. to be disposed OF In such manner
,v may bedlrected by the party, organtzat,l
- or nssooiatlon, In whose interest such eit
m tIon may be held. Provided, however, III
re such certificate and Dallot-poA shali
ny III 8O ,ays and In the event OF any contest
~ nomination be produced and delivered
the nrouer executive authority Tor exam
"A. nation and adjudication.
u Sen XIX. In addition to the penalt
~ ~ harainhefore named every offender shall
@ i.o liable In special damages to any pers
be who may sustain injury In consequence
m practice OF fraud, deceit or wiiIui no
Mr. tlon OF any OF the provisions Of thlS aeS;
'aa oa Section Xxx. That this act shall apl
',, solely to New Castle county ana the ~
s ~ now in force prohibiting the sale OF into
~ ~ eating llquors on the day Of any gehel
~ snecial or municipal election are mere
~ ~ excepted and shall not apply to any 81
no tion contemplated by this act'